Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-05-01
ON CONVICT LABOR.
coHxuSlcA7ros FROM rHEGovERYoR
TO THE ROUSE.
The shoe-shop and rebacco-factory in
the Observation-Disclosures on
Railroad Work, &c.

The following was sent 20 the House |
Yesterday, and, on motion, was passed by |
and ordered to be printed:
COMMONWEALTH OF VIRGINIA.
GOVERNORS OFFICE,
RICHMOND, Va, April so, 1857.
10 Tie House Of Delegates;
The following resolution Of your body |
has been duly communicated to me:
Resolved. That the Governor be request |
cd to communicate 20 the House the pres |
snt condition OF the contract between the |
state and Nessrs. Larus & Brother; when |
said contract was made. Tor how long. and |
all facts in his possession bearing OF the |
subject; and that he I've further requested |
20 communicate the condition OF the con-
tract between the State and the South At |
laniic and Ohio Railroad Company, and |
any other matters he may deem pertinent
touching the blring.out or working OF the |
eonyicts Of the State.
Agreed TO by the House Of Delegates |
March 30, 1887. J. BHII. BIGGER.
Clerk House OF Delegates.
In response 10 the inquiries contained in |
the above resolution submit the following |
statement:
The contract between General W. X. |
Terry, then superintendent OF the Peni- |
Tertiary, with the consent aud advice OF |
Mcssrs. Ray I. knight, r. A. Patterson, |
and s. Blair Morris, then constituting the |
Board Of Directors Of the State peniten- !
tiary, and With the approval oil William T.. |
Cameron. then Governor OF the state, on |
The one part, with Charles ID. I4SruS, doing |
business under the Grm-nsme OF Larus x |
Brother. on the other part, was made on
The 2Sih dsy q February, 1885. In that
contract u was agreed to hire 10 the said
Larus & Brother seveuty.two male convicts
for the term Of Eve years from the 10th day
OF October. 1885, at the rate OF fOrty-four
cents per day for each convict every day |
said conyiids should he worked by the |
patty Of the second part during the term
Of tins contract. 4
when came into Office found this con- |
tract had been in existence two months |
and eleven days. and that it would not |
terminate for many months after the expira- |
ton Of my executive term.
shortly after | entered upon The dis. |
charge 81 my duties | submited the condi- |
lions Of the contract 10 the &IOrney-Gen- |
sral. and received the following communi- |
cation from bim:
COMMONWEALTH or VRGINii,
ACKNOWLEDGEMENTS OFFICE.
Richmond, Va, April 10, 1856.
Dear SiT,-l have carefully considered the
CONTRACTS made by the Superintendent Of
the Penitentiary with Joseph Davis. dated
respectively on the Goth day Of April, 1880.
and the 2Sth day Of July, 1885, submitted
10 ne BY you on yesterday. | am Of the
opinion tina, the contracts are legally exc
cuted pursuant 10 authority conferred by |
the Acts Of the General Assembly OF Nir.
glnia and are obligatory Tie state.
therefore, without expressing any opin-
sop q 10 the extent tie General Assembly
in the exercise Of the po. -.
Sta.e NAV 60 in reyoking these or any like
contracts, am of the opinion that under
existing laws the said contracts cannot be
legally cancelled, without The consent OF
Davis. {
/ am further q the opinion that there IS :
no obligation resting upon you u test the I
validity OF these contracts in the courts {
You may undoubtedly take this course il 7
YOU are not satisfied with the construction | 4
Ihave placed upon them. Il
Very respectfully, &C.. /
Il, \, AYERS. +
Acknowledgement. L
his ElctAeacy. Ftahagh Lee' 6oVer"or" =
TifQiniG. +
,o,.,,, Ar, ,NrIc AND ONO RAILROAD COM
PANY.
Tlo contract between the state and tue
south Atlantic and Ohio Railroad Com1
nany ,copy Of which / herewith rahslnN
nos entered into by my predecessor, VINO
SeIjvcred 10 the said company seventY-hNe -
conyicis prior 10 the lst day OF January
1885. uooot o,ti,lad
Soon after the passage OF The act ehllueu
"An act to employ convict LABOR on count!
roads and other works OF lnterna' iuipio
ment- ~ .pproyed March g, 1886, proceeucu
90 ascer,ain the condition OF the contract
Tbe ACKNOWLEDGEMENT, previous To his
term Of Office having been an oihcer OF ana
interested in this road, properly dcchheJ
10 tive an opinion upon the suo!ect'
therefore employed special counsel, ana was
informed by them that there was no oohSa-
zion resting on me TO Withdraw tue con-
yi,ts from the South Atlantic ard ONO raw
ROAD II such withdrawal would hurt lde
connany or result in the suspension or
abandonment OF the work, ard thus isu'-
TectIy materially affect the prospects oil the
pcoplc IN that section OF the state.
petitions from the people Interested
.sted that the couvicts should be permitted
20 remain, because OF the great importance
az The road in developing large area 81 Tue
state entirely without railroad iachllles;
ard the fear that their Withdrawal "oulu
cause a Suspension OF the woiA OF cons tIuo-
tion. and as the applications received py |
1850 did not require that this contract
shonId hc ipteriered with, and as TIE re-
SuI,inp advantages OF the increase OF taNa-
tIe ,aIues To the state would be great, ue' |
termined not to do 50. ,.-,,.. a. |
The act authorizing ana direet'hg tue
Goyernor 10 furnish conv'cts 10 this roaI
requires that they he fed, clothed' anu
guarded by the state while al WorN, AZ an
svnense not to exceed the cost OF reed
l.st.s
IN the penitentiary, for the amount
~ which the company is required 10 de'
liver It's tirst.mortgage bonds in payment
Refore these expenses were pal1 DY tue
state the compauy WAS required to execute
a hnnd in the penalt, Of SO, 900 for the de-
livery of the railroad bonds, and haze done
so. ,. e ,,,o
INSPECTIONS by the Superintendent OF inc
Penitentiary, made by my d'rector,, nav
fonnd the convcts on the SCUM Atiah'ic
and Ohio railroad in good eondit'o9.
THE amount paid TO the 18th OF April,
1857. by the State OF Virginia TO The SOlth
Atlantic and Ohio Railroad Company lor
the maintenance OF said conVicts, ana LOT
which their bonds are now demanded Is
slT.75l.5l. The question OF convict laDor
has been and is to-day most perp,eElns
prohlem in all the states OF the Union.
'Tbere is no work in or outside the walls oil
tho neni,entiary in which they cln be en-
paced without conflicting more or less
Win the labor CT the honest men OF the
country: while on the other band, II they
are continually confined within the walls
Of the rcuitcntiary It is done at heavy
expense 10 ibe STATE, and the money paid
TO maintain, feed, ciotbe, and guard them
in idleness has to be drawn from the pocS'
lis a these who are OF. side said walls.
The number OF e6nsicts 10 this State have
greatly increased and will naturally IN
crease In proportion 10 the increase oil pop
ulalion.
Before the late war am Informed that
the average number Of coDvicts confined
Ia the penitentiary amounted 70 little over
200: now the average for the last three
fiscal years has been 1880. The average
cost'for the maintenance OF that number OF